AN ACT Relating to aquaculture; adding new sections to chapter 90.58 RCW; adding a new section to chapter 90.48 RCW; and adding a new section to chapter 79.90 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that:

(1) Some forms of aquaculture have potential for long-term benefit if carefully regulated, appropriately sited, and properly managed based on guidelines and criteria that recognize potential impacts as well as advantages;

(2) Aquaculture practices and activities are diverse and generate substantially different impacts depending on the type of aquaculture employed. Some forms of aquaculture that require structural, chemical, nutrient, or other additions to the aquatic environment or that use large areas of public waters, shorelines, or tidelands, have a potential for impact or for interference with existing water and land uses;

(3) Site monitoring of aquaculture facilities, field studies, and further research are important and necessary to evaluate and minimize the environmental effects of aquaculture;

(4) Because of their potential for impacts upon shoreline and upland uses, local government review of proposed aquaculture uses is particularly important; and

(5) State agencies, with the involvement of local government and other interested parties, need to adopt guidelines for the regulation of floating aquaculture that comply with this act.

NEW SECTION. Sec. 2. (1) The department shall, in cooperation with the departments of fisheries, agriculture, and natural resources, develop and adopt guidelines for regulation of floating aquaculture. The guidelines shall address the potential impact, including cumulative impacts, of the water and shore-based components of floating aquaculture projects. The guidelines shall address the following areas:

(a) Aesthetic impacts including, but not limited to, visual impact, odor, noise, and similar factors;

(b) Navigation along, and to and from, the shoreline;

(c) Use of antibiotics, pesticides, or other additives that have a potential for environmental damage, including wildlife and human populations;

(d) Water quality as affected by factors such as fecal waste, waste from feeding, fertilization, and harvesting operations;

(e) Impact on benthic organisms;

(f) Impact on marine mammals or other wildlife;

(g) Impact on commercial and sport fishing and other recreational uses of shoreline and aquatic environment;

(h) Impact on public use of shorelines, particularly shorelines of state-wide significance, waters, or tidelands;

(i) Impact on existing aquaculture operations in the vicinity or other existing harvesting of marine life;

(j) Methods of harvesting and processing of aquaculture products; and

(k) Any other factors that may involve potential adverse environmental or other impacts.

(2) The guidelines shall identify specific areas where local governments may adopt more restrictive standards consistent with sections 1 through 9 of this act to address unique local conditions.

(3) In preparing the guidelines, the department shall consult with affected local governments, citizen groups, and aquaculturists. The department shall conduct public meetings on the proposed guidelines in areas of the state that have proposed floating aquaculture projects, or are likely to have proposals in the future.

(4) The guidelines shall be adopted by the department of ecology by March 1, 1990.

NEW SECTION. Sec. 3. In addition to the guidelines in section 2 of this act, by March 1, 1990, the department, in cooperation with the departments of fisheries, agriculture, and natural resources, shall:

(1) Adopt rules governing the completion of a site characterization study that will provide governmental agencies information necessary for the review of the potential impacts listed in section 2 of this act. A site characterization study shall be completed before substantial development permits for floating aquaculture facilities are submitted to local governments. The study shall be prepared in consultation with appropriate local and state officials, and shall be paid for by the applicant;

(2) Adopt rules governing monitoring of sites used for floating aquaculture. The rules shall include requirements for monitoring environmental conditions prior to and during commercial production. Monitoring shall encompass the potential environmental impacts listed in section 2 of this act. Monitoring required under this section shall be paid for by the applicant.

NEW SECTION. Sec. 4. (1) By July 1, 1991, local governments shall submit to the department amendments to their shoreline master programs to incorporate the guidelines adopted pursuant to section 2 of this act. Such amendments shall be consistent with the guidelines adopted under section 2 of this act.

(2) After the adoption of the guidelines required in section 2 of this act, but prior to the adoption of the shoreline master program amendments required in subsection (1) of this section, local governments shall use the guidelines in section 2 of this act when evaluating applications for substantial development permits.

(3) Floating aquacultural projects that will have a significant adverse impact shall be approved only if subject to enforceable conditions that eliminate or mitigate potential adverse impacts. Enforceable conditions shall be amenable to monitoring and enforcement.

NEW SECTION. Sec. 5. If a hearing is to be held on a floating aquaculture permit application, written notification of such hearing shall be made by the local government to the departments of fisheries, wildlife, natural resources, agriculture, and ecology at least thirty days before the hearing date. Written notification of such hearing shall also be made at least thirty days before the hearing date to any person who has filed with the local government a written request to receive notice of hearings on floating aquaculture permit applications. The local government shall ensure that adequate records of the hearing are maintained.

NEW SECTION. Sec. 6. All proposed floating aquaculture projects, including experimental, that are required to obtain a substantial development permit shall be subject to the requirements of this act.

NEW SECTION. Sec. 7. When local government decisions on shoreline substantial development permit applications for aquaculture projects are appealed, substantial weight shall be given by the reviewing body to the local government decision.

NEW SECTION. Sec. 8. A new section is added to chapter 90.48 RCW to read as follows:

By March 1, 1990, the department shall establish state standards applicable to discharges from floating aquaculture operations into state waters.

NEW SECTION. Sec. 9. A new section is added to chapter 79.90 RCW to read as follows:

The department of natural resources shall not issue leases of tidelands and bedlands for proposed floating aquaculture projects until substantial development permits have been issued.

NEW SECTION. Sec. 10. Sections 1 through 7 of this act are each added to chapter 90.58 RCW.